Linda Macklowe v Harry Macklowe

Motion No: M-3632

Slip Opinion No: 2019 NYSlipOp 79624(U)

Decided on September 13, 2019

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

September 13, 2019

Linda Macklowe,

Plaintiff-Appellant, CONFIDENTIAL

v

Harry Macklowe,

Defendant-Respondent.

Plaintiff-appellant having moved, pursuant to CPLR 5704(a), to vacate an order of the Supreme Court, New York County, entered on or about July 10, 2019, or, in the alternative, for leave to appeal from the aforesaid order and to stay enforcement pending hearing and determination of the appeal taken therefrom, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent that, pursuant to CPLR 5704(a), the order of the Supreme Court, New York County, entered on or about July 10, 2019, which permitted defendant to hold three specific works from the parties' art collection at his residence, is vacated, without prejudice to further proceedings in the Supreme Court, New York County.ENTERED: September 13, 2019

_____________________ CLERK

PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern,Justices

M-3632

Index No. 350044/16